Ganim presses conviction reversal

Published 1:00 am, Monday, April 13, 2009

After five years in prison and losses on appeal, former Bridgeport mayor Joseph P. Ganim has not given up the fight to reverse his conviction.

Buoyed by the dismissal of former Alaska U.S. Sen.
Ted Stevens
' conviction by a federal judge on the grounds of prosecutoral misconduct, Ganim has written U.S. Attorney General
Eric Holder
and other federal offices. The letters lay out misconduct he alleges former Assistant U.S. Attorneys
Ronald S. Apter
and
Michael R. Sklaire
committed while prosecuting him.

"It's an interesting tack," said
John Walkley
, a Trumbull lawyer whose practice includes federal criminal defense work. "Given the timing of the Stevens' matter and Holder's talk to federal prosecutors that it's their job to do justice, not just prosecute and convict, it was probably a good thing to do."

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On April 5, Ganim wrote Holder from his Pennsylvania prison cell urging him to appoint a special prosecutor to investigate his complaints.

He points out that
William Welch
, chief of the public integrity section, which oversees public investigations and other lawyers, has been "called to task" by the federal judge presiding over Stevens' case "with anger for apparently doing the exact same thing that I, in my complaint have called them to investigate. That is, to withholding documents and willfully concealing evidence helpful to the defense in my case," Ganim wrote Holder. "I am hereby requesting that you appoint a Special Prosecutor to fully investigate the serious allegations contained in my complaint."

Ganim was convicted in March 2003 on 16 federal corruption charges and sentenced to nine years in prison. His scheduled release date is July 11, 2011.

The two key witnesses against him were
Paul Pinto
, his former fundraiser and close friend, and
Leonard Grimaldi
, his former campaign manager. Both pleaded guilty to charges, testified against Ganim and served federal prison time.

In his complaints, Ganim claims Apter and Sklaire suppressed "important impeachment evidence" and used "perjured testimony regarding undisclosed benefits to key government witnesses."

Ganim claims those benefits included foregoing U.S. District Judge
Janet Bond Arterton
's sentence ordering Paul Pinto, once Ganim's close friend, to forfeit $400,000 by instead applying the money to other financial obligations. He points out Pinto also was allowed to keep his retirement account and his home at The Circle in Easton.

The former five-term mayor claims the prosecution also disregarded Arterton's sentence of Grimaldi by cutting a deal in which he paid only $104,895 of the $671,288 owed in federal income taxes for himself and his government relations company.

"If the
IRS
did not approve the actions of the U.S. Attorney's office," Ganim wrote that agency's
Office of Professional Responsibility
, "I would request that your office conduct an investigation of this egregious conduct on the part of the U.S. Attorney's office. It is apparent Mr. Grimaldi was well motivated to lie in his testimony when the U.S. Attorney's office was both eliminating the Grimaldi forfeiture of $175,000 and the remaining balance of the income taxes owed. Added to this amount are taxes owed on the $40,000 plus profit gained by Grimaldi from the sale of his house which the U.S. Attorney's office allowed him to keep."

"Baloney, baloney, baloney," Grimaldi responded when contacted about the claim. "That's three balonies. I'll give you 20 balonies if you want them."

He said in admitting his guilt, cooperating in the probe and serving a prison sentence "was hardly a cakewalk for me. I lost my house, my business, my liberty. Joe and his lawyers just can't face the facts that he screwed up badly until he realizes that his life is never going to be the same."

Grimaldi said if Ganim fessed up and admitted his wrongdoing rather than having gone to trial, "he'd be out of the joint and enjoying life with his wife, children and family. Instead of fessing up and taking his medicine, he continues to file these bitter and inaccurate briefs and allegations."

Roland R. Acevedo
, a New York lawyer representing Ganim on the habeas corpus petition pending before Arterton, maintains the prosecutors violated the

U.S. Constitution by "secretly awarding benefits to their two key witnesses."

He said Holder could take a position as he did in Stevens' case and not oppose Arterton granting the habeas corpus petition seeking a new trial or resentencing.

Or he said the Office of Professional Responsibility could investigate the actions of the two former prosecutors, find they violated the rules and refer them for discipline by the licensing agency in the state where they now practice.

Laura Sweeney
, a spokesman for the U.S. Department of Justice in Washington, declined to comment "due to the pending litigation in this matter."

But Fitzpatrick said Ganim must show not only that there was unethical conduct but it impacted the outcome of the trial.

"Federal prosecutors in Connecticut enjoy a very good reputation in Washington and, as a group, are very ethical," Fitzpatrick said. "What you have in this case as it now stands is a valid judgement rendered against Ganim. Any change would have to come from the judge. Holder could intercede and his opinion would have great weight but it rests with the judge."